Jean-Louis v. Att'y Gen., 582 F.3d 462 (3d Cir. Oct. 6, 2009) (the term "crime involving moral turpitude" is a term of art; the use of the term "involving" does not "invite" an examination into the underlying circumstances of the offense). See also, Nijhawan v. Holder, 129 S.Ct.

Castillo-Cruz v. Holder, 581 F.3d 1154 (9th Cir. Sept. 17, 2009)

Mushtaq v. Holder, __ F.3d __ (9th Cir. Sept. 23, 2009) (BIA correctly imputed parents knowledge of inadmissibility to petitioner in denying application for waiver under INA 212(k)).

Rosillo-Puga v. Holder, 580 F.3d 1147 (10th Cir. Sept. 15, 2009) (8 C.F.R. 1003.23(b)(1), barring motions to reopen filed by noncitizens who have already departed the United States, is a valid exercise of the Attorney General's Congressionally-delegated rule-making authority, and does not violate 8 U.S.C. 1229a(c)(6)(A) or (7)(A)).

Matter of Bulnes, 25 I&N Dec. 57 (BIA 2009) (noncitizens departure from the United States while under outstanding in absentia order does not deprive the Immigration Judge of jurisdiction to entertain a motion to reopen to rescind the order if the motion is premised upon lack of notice).

Castillo-Cruz v. Holder, 581 F.3d 1154 (9th Cir. Sept. 17, 2009) (California "conviction for receipt of stolen property under [Penal Code] 496(a) is not categorically a crime of moral turpitude because it does not require an intent to permanently deprive the owner of property. Castillo-Cruz's conviction is not a crime of moral turpitude under the modified categorical analysis, as the government conceded at oral argument that there is no evidence in the record establishing that his offense involved an intent to deprive the owner of possession permanently.").

Uppal v. Holder, 576 F.3d 1014 (9th Cir. Aug. 11, 2009) (BIA's determination a conviction qualifies as a crime of moral turpitude is entitled to Skidmore deference: "The measure of deference due to the BIA's decision under Skidmore
varies 'depending upon the thoroughness evident in its consideration, the validity of its reasoning, its consistency with earlier and later pronouncements, and all those factors which give it the power to persuade, if lacking power to control.' Skidmore, 323 U.S. at 140."); citing Marmolejo-Campos, 558 F.3d at 911.

De la Rosa v. U.S. Attorney General, 579 F.3d 1327 (11th Cir. Aug. 20, 2009) (conviction of aggravated felony sexual abuse of a minor disqualifies respondent from eligibility to apply for a waiver of deportation pursuant to the former INA 212(c), since the aggravated felony ground of removal has no statutory counterpart in the grounds of inadmissibility under INA 212(a) of the Act), following Matter of Blake, 23 I. & N. Dec. 722, 723, 727 (BIA 2005).

Whether serving time in jail prevents a person whose conviction has been expunged from qualifying under Lujan-Armendariz is an open question in the Ninth Cir. See, Ramirez-Altamirano v. Holder, 563 F.3d 800 (9th Cir. 2009). See also, Fernandez-Bernal v. Attorney General of U.S., 57 F.3d 1304 (11th Cir 2001) (relief under FFOA 3607(b) is not available to an individual sentenced to a term of probation that exceeds one year; nor is it available to anyone sentenced to jail time). Thanks to Stacy Tolchin

Matter of Evra, 25 I. & N. Dec. 79 (BIA Sept. 21, 2009) (the conduct underlying an aliens arrest and incarceration does not constitute "fault" within the meaning of section 240(b)(5)(C)(ii) of the Immigration and Nationality Act, 8 U.S.C. 1229a(b)(5)(C)(ii) (2006), which provides that an order of removal issued at a hearing conducted in absentia may be rescinded if the alien was in Federal or State custody at the time of the scheduled hearing and the failure to appear was "through no fault of the alien.").
http://www.usdoj.gov/eoir/vll/intdec/vol25/3654.pdf